1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C purchased from D on April 9, 1951, 195, the land number of 54 square meters E in Si/Gu, Gyeong-do (hereinafter referred to as “Si/Gu Gyeong-do Gyeong-do” was omitted) and owned. The land was divided into F large 12 square meters and G road 42 square meters on January 2, 1962, and C completed the registration of ownership transfer on February 27, 1962 as to 42 square meters of G road (hereinafter referred to as “Defendant”) by the Defendant (hereinafter referred to as “Defendant”) (hereinafter referred to as “Defendant”), which was integrated into Si/Gun Do 1, 1995, and was completed the registration of ownership transfer on the ground of sale.

B. On September 18, 1964, a part of FJ 12 square meters was registered by converting it into B 30 square meters (on April 1, 197, the area was converted from 9 to 30 square meters; hereinafter “instant land”). The FJ 10 square meters (the area was converted from 3 square meters to 10 square meters on April 1, 197) remaining after the division was converted into 3 square meters on December 20, 1972.

C. C died on December 14, 1989, and the Plaintiff, as its children, completed the registration of ownership transfer on May 6, 2014 as to the instant land by agreement and division on December 14, 1989.

On September 18, 1964, the defendant occupied and used the above land as a road and a site for facilities attached thereto from the time the land category of the land in this case was changed to a road until the day of closing the argument in this case.

[Ground of recognition] The facts without dispute between the parties concerned, Gap evidence 1, Eul evidence 1 (where the number has not been specified despite the absence of a serial number, including branch numbers; hereinafter the same shall apply), the result of the measurement and appraisal entrusted to the branch offices through the Korea Land Information Corporation in the National Land Information Corporation in this court, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the facts of recognition of Paragraph 1 as to the cause of the claim, the defendant occupies and uses the land of this case owned by the plaintiff as the road and its affiliated facilities site. Thus, it is special.